92
Opinion of the Court
LHWCA.5 33 U. S. C. § 903(e). See Gilmore & Black, supra, at 435.
III
Because a ship repairman may spend all of his working hours aboard a vessel in furtherance of its mission—even one used exclusively in ship repair work—that worker may qualify as a Jones Act seaman. By ruling as a matter of law on the basis of job title or occupation alone, the District Court foreclosed Gizoni's ability to make this showing. "If reasonable persons, applying the proper legal standard, could differ as to whether the employee was a 'member of a crew,' it is a question for the jury." Wilander, 498 U. S., at 356. The Ninth Circuit concluded that questions of fact existed regarding whether the floating platforms were vessels in navigation, and whether Gizoni had sufficient connection to the platforms to qualify for seaman status.6 Gizoni alleges facts in support of each of these propositions—facts which Southwest Marine disputes. Compare Brief for Respondent 11 with Brief for Petitioner 3. Summary judgment was inappropriate.
The judgment of the Court of Appeals is Affirmed.
Justice Thomas took no part in the consideration or decision of this case.
5 For this same reason, equitable estoppel arguments suggested by amicus Shipbuilders Council of America must fail. Where full compensation credit removes the threat of double recovery, the critical element of detrimental reliance does not appear. See Heckler v. Community Health Services of Crawford County, Inc., 467 U. S. 51, 59 (1984); Lyng v. Payne, 476 U. S. 926, 935 (1986). Argument by amicus would force injured maritime workers to an election of remedies we do not believe Congress to have intended.
6 The Ninth Circuit also found questions of fact to remain concerning whether Gizoni aided in the navigation of these platforms. After Mc-Dermott Int'l, Inc. v. Wilander, 498 U. S. 337 (1991), however, only "employment-related connection to a vessel in navigation" is required. Id., at 355. To be a seaman, the employee need not aid in navigation.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12Last modified: October 4, 2007